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Home My WebLink About89-022EEViEWED 8�-25271 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES "COUNTY; An Ordinance Amending Ordinance No. PL -20, the Deschutes County Year 2000 Comprehensive Plan, As Amended, to Change the Designation *=°? of Certain Property From Agricul- ture to Forest, and Declaring an Emergency. ORDINANCE NO. 89-022 i....' SMF WHEREAS, James and Carol Gardner proposed the redesiquation of certain property from Agriculture to Forest; and WHEREAS, notice of hearing was given in accordance with law; and WHEREAS, the Hearings Officer held a hearing on the proposed redesignation of property on July 18, 1989; and WHEREAS, the Hearings Officer approved the proposed redesig- nation of property by decision dated August 1, 1989; and WHEREAS, the decision of the Hearings Officer has not been appealed; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. Ordinance No. PL -20, the Deschutes County Year 2000 Comprehensive Plan, as amended, is further amended to redes- ignate that certain property described in Exhibit "A," and depicted on the map marked Exhibit "B," attached hereto and by this reference incorporated herein, from Agriculture to Forest. Section 2. The Board of County Commissioners adopts as its findings and conclusions in support of the plan amendment, the Findings and Decision of the Hearings Officer, dated August 1, 1989, relating to Plan Amendment Application No. PA -89-5, marked Exhibit "C," attached hereto and by this reference incorporated herein, with the following modification: The description of subject property is as described in Exhibit "A." Section 3. This Ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage. 1 - ORDINANCE NO. 89-022 0096 1812 DATED this day of 1989. BOARD OF COUNTY CO SSIONERS OF WSCHUMES COUNT OREQON IS -JBRI/STOW PRANTE, Chair ATT Y! TOlf T OO1V Commissioner Recording Secretary DLIN, Commissioner 2 - ORDINANCE NO. 89-022 0096 1813 EXHIBIT "A" The property is described as the W 1/2, SW 1/4, Section 17; E 1/2, SE 1/4, Section 18; E 1/2 NE 1/4, Section 19; W 1/2, NW 1/4, Section 20; Township 20 South, Range 11 East, further described as 201100-01900; and W 1/2, NE 1/4 of Section 19; 201100-02400; consisting of 320 acres commonly referred to as Vendevert Ranch located west of South Century Drive. 3 - ORDINANCE NO. 89-022 SCALE 1948000 EXHIBIT "B" ;000 O 3eoo 4000 `V 7 T A � b 1814 See Mao 20 10 [NJ Q g N N y N co tr O ryi O m O m 0 m O rn O m ,{� .— m O m x v t %}Q�{ m _ m — m.�!1 Mho i^ L. _ r1 425 W v M s i&e•o /J.� v ii v Y m v 20e11Mbo - a \\ iy N N ^ ��' "— i ter• '_ m Hm _ � ''Yi t tm• _ 'n i si 9 O' 8 o° . �• " 1 `� c uTl.'.E g 0 9 FES RS 7 xx Y =Dm�.7gglg^' Q1 � y� b 3� 0 m m'a ter^ m _ m Vic. N r' Co _O NUl 4 P i rn i O ; N _ o g n �fi 6 N � R G1 t0 � ;i F- -- m 7 I 1 •N N _ cn -8Co Z1 I fa gFnC •I - I I . I 3 r-- I N -- _ I I 1 1 I I I I 3 I a ct I t 1 a i_0�I'3� �Q 36 ,• Ln 1 �A jN 1 e O O t.r 1 3p I !N I t I I•—O Y O O Z Q Sea Mao 20 12 x EXHIBIT "C" ' 0095 1815 FINDINGS AND DECISION FILE NO. PA -89-5 APPLICANT: James and Carol Gardner 12250 S. W. Edgecliff Portland, OR 97216 REQUEST: An application for an amendment to the Deschutes County Comprehensive Plan, Year 2000 to allow a change in designation from Agriculture to Forest. PLANNING STAFF REPRESENTATIVE: Anita Yap Powell BURDEN OF PROOF: The applicant must establish that the proposed amendment complies with the Deschutes County Comprehensive Plan, Year 2000, and with the applicable State Goals and Policies established by the Land Conservation ad Development Commission. PRELIMINARY FINDINGS 1. LOCATION: The subject property is described as the W1/2, SW1/4, Section 17; E1/2, SE1/4, Section 18; E1/2 NE1/4, Section 19; W1/2, NW1/4 Section 20; Township 20 South, Range 11 East, further described as 20-11-17-1900; and W1/2, NE1/4 of Section 19, 20-11-17-2400; consisting of 320 acres commonly referred to as Vendevert Ranch located west of South Century Drive. 2. ZONE: The subject property is currently zoned MFU-20, with a Flood Plain Zone and Landscape Management Combining Zone along the Little Deschutes River. HEARING AND EXHIBITS The hearing was held on the above -referenced application on July 18, 1989, at the Deschutes County Administration Building. The following exhibits make up the record in this matter: A. Application; B. Staff Report; and C. Burden of Proof Statement. -1- FINDINGS AND DECISION, File No. PA -89-5 l 9096 1816 FINDINGS OF FACT 1. The applicant seeks to change the Comprehensive Plan from Agriculture to Forest for 221.7 acres of land. The applicant is also requesting a rezoning (ZC-89-6), from EFU- 80 Exclusive Farm Use 80, to F-3 Forest Use. The applicant is in the process of acquiring 80 acres of land through a U. S. Forest Service change and seeks to change for this property. The applicant seeks to maintain the agriculture designation in the riparian meadow area. 2. The subject property is approximately 320 acres and is located west of South Century Drive at the intersection of Vandevert Road. 3. The subject property is boardered on the north by land zoned EFU-80, Exclusive Farm Use; on the east by land zoned F-2, Forest Use; on the south by land zoned EFU-80; and, west by RR -10, Rural Residential. 4. Surrounding land use abutting the subject parcel includes ' vacant land owned by George Wakefield, et al., to the north, Thousand Trails Recreational Vehicle Park to the south, and Oregon Water Wonderland to the west, to the east Deschutes National Forest. 5. The applicants propose this Zone Change and Plan Amendment from EFU-80 to F-3 to allow a cluster development, conditionally allowed in an F-3 Zone. 6. The Planning Division received the following transmittals: A. Deschutes County Department of Public Works: 1. An access permit must be obtained from the beschutes County Department of Public Works for any new access to be taken from South Century Drive. 2. Dedication is to be made to 30 feet from the centerline for road right -o£ -way for South Century Drive. South Century Drive is classified as a rural collector road which requires a right-of-way 60 feet. B. State Watermaster's Office: There are no water rights on this property, but when mapping was done they showed that much of the bottom property was subirrigated in pastures. -2- FINDINGS AND DECISION, File No. PA -89-5 0096 1817 C. Oregon Department of Fish and Wildlife: Oregon Department of Fish and Wildlife agreed that the area should be classified as forest lands rather than riparian meadow except for the riparian areas within the Food Plain. These areas need special wildlife considerations. ODFW suggested specific wildlife management techniques for this area. CONCLUSIONARY FINDINGS 1. The applicants' Burden of Proof statement indicates that in the last several years the only use to which the Vandevert Ranch has been put would be an occasional grazing lease and a life estate residence for Mrs. Claude Vandevert. The applicants have planted 3,000 lodgepole pine seedlings in the easterly portion of the 77 acre area (west of Huntington Road). Beetle infested and dead trees have been removed from the property. 2. The applicants indicate that they wish to retain the riparian meadow designation, EFU-89 zone around the Little Deschutes River. This area is classified as a Cyraquolls Soils Series criteria for a forest designation and must remain in an agriculture EFU-80 zone designated by the Deschutes County Comprehensive Plan. 3. The rest of the parcel, including the 80 acres being acquired by the applicants from the Forest Service is designated as a Shanahan and Sunriver Soils Series. The types of soil is more suited to woodland, wildlife habitat, watershed and recreation. 4. The applicants are proposing a Zone Change to F-3. This would be consistent with the classifications in Policy #1 of the Comprehensive Plan. There is significant development to the west of the property in Oregon Water Wonderland. There is development to the southwest in the form of the Thousand Trails Recreational Vehicle Park. The forest designation on this parcel will buffer these residential areas. The applicants seek to preserve the scenic corridors along Pengra Huntington Road and along South Century Drive. The applicants also seek to enhance and maintain the fisheries and wildlife habitat, livestock grazing, commercial timber uses and recreational uses of this parcel. 5. The applicants are proposing a cluster development for 21 new building sites, a central core facility around the caretaker's house and homestead' lodge currently being renovated by the applicants, and the development and preservation of significant portions of the property as open space and common areas. A Conditional Use application and Site Plan will -be required if this Zone Change and Plan -3- FINDINGS AND DECISION, File No. PA -89-5 9096 18:8 Amendment is approved. A Forest Management Plan, prepared by Earl E. Nichols, Professional Forester, for the Vandevert Ranch, indicates the area should be considered forest rather than agricultural land. All criteria in the Comprehensive Plan, F-3 Conditional Use and Site Plan Review will need to be addressed by the applicant under the cluster development proposal. 6. The applicants acknowledge compliance with the Deschutes River Study. The applicants have been working with ODFW in preparing a fisheries management plan for this stretch of the Little Deschutes River. The applicants acknowledge that a conservation easement will be required from the County. 7. The applicants are proposing to maintain the riparian meadow as agricultural land. The request is consistent with the goal for preservation of agricultural use. The applicants seek to change the classification of the surrounding area from agriculture to forest. The uses proposed are consistent with agricultural goals which include agricultural (grazing), forest and open space. 8. The applicants property does not contain forest lands suitable for commercial harvest. Climatic factors of temperature and moisture combined with soil conditions limit the establishment of commercial timber species. The applicants submitted a Forest Report prepared by Earl Nichols, outlining a Natural Resources Management Plan. The Management Plan outlines implementation programs for increased yield for timber and grazing. A harvest plan indicating a sustained yield program and commercial thinning are proposed. The soils information indicates that woodland and recreation use are suited to these types of soils. 9. The subject property has not been designated for open space. There are no mineral or aggregate resources. The area does not contain ecologically or scientifically significant natural areas, wilderness areas, potential recreation trails or cultural areas. 10. The site does contain fish and wildlife habitat areas identified by the Oregon Department of Fish and Wildlife. The applciants have been working with ODFW in preparing a fisheries management plan for this stretch of the Little Deschutes River. A Willow Management Plan has been developed and accepted by the ODFW. 11. The Little Deschutes River is a potential wild and scenic river. The riparian area along the river is designated a Landscape Management Combining Zone and Flood Plain by the Deschutes County Zoning Ordinance. -4- FINDINGS AND DECISION, File No. PA -89-5 0096 1819 12. The applicants state that there is sufficient ground water and sufficient available property for approval of sewage disposal. The applicants propose to improve the water resources of the subject property. The Forest Management activites conducted by the applicants have helped preserve the land resources by conserving the available tree cover on the property. 13. The subject property contains areas in the 100 year Flood Plain of the Little Deschutes River. The development proposed in the Flood Plain must comply with the Deschutes County Flood Plain Ordinance. 14. The applicants development would not qualify as a destination resort. However, it will provide for additional recreational opportunities by developing equestrain trails, enhancing fisheries and maintaining open space. 15. The applicants state that public facilities are generally already available to the property. Water, power, telephone and sewage disposal facilities are available on site. The property is served by an existing County maintained road. 16. The property is adjacent to the Protection District Substation. Th accommodate firefighting equipment, access through to the south and west or existing County roads. Impact unlikely but there is an existing Bend -La Pine School District. CONCLUSIONS La Pine Rural Fire a applicants propose to including alternative on either private roads on public schools is school bus site in the 1. The applicants have met the conditions of PL -15, the Deschutes County Zoning Ordinance, the Deschutes County Comprehensive Plan and the Oregon Land Conservation and Development Commission Goals. 2. The applicants have demonstrated that the area should be designated as Forest rather than Agriculture. The soils information and current use of the property are more suited to a Forest Use rather than Exclusive Farm Use. The marginal land productivity precludes the use for commercial farming activity. The retainment of the Agriculture classification in the riparian meadow is consistent with State Goals and Comprehensive Plan Goals and Policies. BASED UPON the foregoing Findings of Fact, the Hearings Officer hereby APPROVES the application for an amendment to the Deschutes County Comprehensive Plan Year 2000, allowing a change in designation from Agriculture to Forest. -5- FINDINGS AND DECISION, File No. PA -89-5 0096 1820 THIS DECISION BECOMES FINAL 10 DAYS FROM THE DATE MAILED, UNLESS APPEALED. DATED and MAILED this 1st day of August, 1989. EDWARD P. FITCH Hearings Officer cc: BOCC Deschutes County Planning Director Deschutes County Planning Commission Robert S. Lovlien -6- FINDINGS AND DECISION, File No. PA -89-5